Critical PR issue.. could anyone help/comment please

[pranay2007636]

Dear All,

I acquired Canadian PR as a dependent in 2009. I had to come back to finish my studies of engineering here in India. After my engineering studies I got a job in India. In order to gain valuable work experience in my field , I could not come to Canada to fulfill the requirements of PR. As of now, I wish to immigrate to Canada, to pursue further studies and wish to know the following:-

1. Whether my current PR (valid till July 2014) can be extended on compassionate basis as I am aiming for 2015 January intake of Canadian universities?

2. As per the new Canadian skilled workers programme I qualify under NOC 2134, as
a chemical/ process engineer. I have got my WES evaluation done and have more than
2 years work experience with a current age of 25 and an IELTS band of 8.00. I am getting 68 points as per my self assessment. Could you please tell me whether my
existing PR would create an issue if I apply under this programme. In additon, would
my not coming to Canada have a negative impact if I put in a new application.

3. Lastly, if my PR expires, in July 2014 and I apply for a fresh student visa for January
2015 intake, would my not availing my PR jeopardize my chances.

I'd be very grateful if you could address my queries.
--
Best regards,

Pranay Gupta

 

[scylla]

If you wish to keep your PR status, then you should return to Canada to live permanently as soon as possible. When you re-enter Canada, it is possible that you will be reported for failing to meet the residency requirement. If you are reported, then you will have to appear in front of a judge to argue why you should be allowed to keep your PR status. It's unlikely the judge will consider your reasons for failing to live in Canada as reasonable since you could have easily attended university in Canada instead. Attending school is not seen as a compassionate reason for failing to meet the residency obligation. CIC will say that you made the choice to stay out of Canada - nothing forced you to stay out of Canada.

If you are not reported when you enter Canada, then you should remain in Canada for two years straight (without leaving for even one day) until you meet the residency obligation - and only then apply to renew your PR card.

If the above does not work out and you wish to apply either for the FSW program or a study permit, you will first have to officially give up your PR status (if CIC hasn't already revoked it) by contacting your local Canadian embassy or consulate.

 

[pranay2007636]

Thanks for ur comments. I think everything is stacked up against me :-[

 

[scylla]

Thanks for ur comments. I think everything is stacked up against me :-[

No - everything isn't stacked up against you. However you have made choices that have limited your future options.

There is certainly a chance that you won't be reported for failing to meet the residency obligation if you return to Canada very soon and show proof that you plan to remain there. However once you return, you have to be willing to stay in the country for two years straight if you want to save your PR status.

It's your choice what you do next.